In Re Marriage of Frahm

Janice L. Frahm appeals from a qualified domestic relations order entered in favor of her former husband, George Morris Frahm.

I.

Janice and George married in 1965 and separated in 1977. Their interlocutory judgment of dissolution awarded Janice one-half of the community property portion of George’s GTE California, Inc. (GTE) retirement “based on fourteen years and six months employment or 23.25 points of credit.” In 1993, GTE, wishing to reduce its work force, offered incentives to certain employees who agreed to terminate their employment or take early retirement. George chose the latter option, receiving $83,143 in addition to $285,468 in retirement benefits.

The only issue we consider is whether all of the $83,143 is George’s separate property, as the trial court concluded, or some portion of it is community property as Janice maintains.

II.

We first note the growing significance of the issue we address. Increasingly, employers are offering significant financial incentives to employees to voluntarily separate themselves from the workplace. Long-term employees are particularly targeted. Many of these workers are parties to dissolution judgments defining their…